Brian Bugge v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2026)

Brian Bugge, a 70-year-old retired police officer, filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 9, 2021. The primary dispute was whether the flu vaccine was administered in his left or right arm.

While the vaccination record indicated the right arm, Mr. Bugge, supported by affidavits from family and friends, maintained it was his left arm.

The court found that the evidence preponderated barely in favor of Mr. Bugge's claim that the flu vaccine was administered in his left arm.

Another key issue was the onset of pain. Mr.

Bugge reported experiencing pain the same day as the injection, which is consistent with the 48-hour requirement for Table SIRVA claims, despite a delay in seeking formal medical treatment due to the pandemic and personal health concerns. The court found his testimony credible and consistent with other reports.

The decision granted entitlement for SIRVA but noted that the damages award was unlikely to be large due to minimal treatment and delayed reporting. The case was ordered to proceed with updated medical records and a Rule 4(c) Report from the Respondent.